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General Information
General Information

 

Regular Meeting eAgenda
November 3
, 2015

 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note:

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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 AGENDA 
 
BERKELEY CITY COUNCIL MEETING 
 
Tuesday, November 3, 2015 
 
7:00 P.M. 
 
Council Chambers - 2134 Martin Luther King Jr. Way 
 
Tom Bates, Mayor 
 
Councilmembers: 

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Lori Droste

 

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

 

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected by lottery to address matters not on the Council agenda.  If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each.  If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

  1. Grant: Maddie's Fund, Pet Rescue Foundation to the Animal Care Shelter
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with Maddie's Fund, Pet Rescue Foundation, to accept $10,000 to support Berkeley Animal Care Services in its programs and services to homeless animals.
    Financial Implications: $10,000 (Revenue)
    Contact: Gil Dong, City Manager’s Office, 981-7000
  1. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on November 3, 2015
    From: City Manager
    Recommendation:
    Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
    Financial Implications: Various Funds - $4,608,671
    Contact: Henry Oyekanmi, Finance, 981-7300
  1. Approve Waiver of the Nuclear Free Berkeley Act (NFBA) per BMC Section 12.90.070 (A) to Enter into an Expenditure Contract with the University of California, Berkeley
    From: City Manager
    Recommendation:
    Adopt a Resolution 1) waiving the contract requirements of the Nuclear Free Berkeley Act, pursuant to Resolution No. 60,840-N.S. and Chapter 12.90.070 of the Berkeley Municipal Code, in order to contract with the University of California Berkeley; and 2) authorizing the City Manager to execute a contract with the University of California, Berkeley for services evaluating the Sugar-Sweetened Beverage Tax Program.
    Financial Implications: See report
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. Modifying BMC Section 23E.68.030 (Commercial Downtown Mixed Use District, C-DMU), and Other Referral Considerations
    From: City Manager
    Recommendation:
    Adopt first reading of an Ordinance modifying Berkeley Municipal Code Section 23E.68.030 (Commercial Downtown Mixed Use District, C-DMU) to allow for Full Service Restaurant and Department Store uses to be authorized with a Zoning Certificate (ZC) at higher square footage thresholds than currently allowed.
    Financial Implications: None
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1. Contract No. 9904 Amendment: W.R. Forde Associates for Terrace View Park Drainage Improvements Project 
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9904 with W.R. Forde Associates for the Terrace View Park Drainage Improvements Project, increasing the amount by $56,464 for an amended total amount not to exceed $242,075.
    Financial Implications: See report
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Reject Bids – 1947 Center Street Building Renovation, Phase 1
    From: City Manager
    Recommendation:
    Adopt a Resolution: 1. rejecting the four bids submitted to the City for Specification No. 16-10967-C, 1947 Center Street Building Renovation, Phase 1; and 2. authorizing the City Manager to negotiate in the open market in accordance with Article XI, Public Works and Supplies, Section 67(a.) of the City Charter.
    Financial Implications: None
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Renewal of the Elmwood Avenue BID for Calendar Year 2016
    From: Elmwood Advisory Board
    Recommendation:
    Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board's (hereafter "Elmwood BID Advisory Board" or "the Advisory Board") recommendation that Council:  1) approve the Annual Report and preliminary budget for proposed improvements in the District for calendar year 2016; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2016; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 17, 2015.
    Financial Implications: See report
    Contact: Jordan Klein, Commission Secretary, 981-7530
  1. Renewal of the Solano Avenue BID for Calendar Year 2016
    From: Solano Avenue BID Advisory Board
    Recommendation:
    Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board's (hereafter "Solano BID Advisory Board" or "the Advisory Board") recommendation that Council:  1) approve the Annual Report and preliminary budget on proposed improvements in the District for calendar year 2016; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2016; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 17, 2015.
    Financial Implications: See report
    Contact: Eleanor Hollander, Commission Secretary, 981-7530

Council Consent Items

  1. Re-Appointment of Carole Norris & Marjorie Cox to the Berkeley Housing Authority Board of Commissioners
    From: Mayor Bates
    Recommendation:
    Adopt a Resolution 1) rescinding Resolution No. 67,162-N.S. re-appointing Commissioners Carole Norris (Chair) and Marjorie Cox to the Berkeley Housing Authority (BHA) Board of Commissioners for two year terms and 2) re-appointing Commissioners Carole Norris (Chair) and Marjorie Cox to the Berkeley Housing Authority (BHA) Board of Commissioners for four year terms commencing July 14, 2015.
    Financial Implications: None
    Contact: Tom Bates, Mayor, 981-7100
  1. U.S. Department of Housing and Urban Development (HUD) Decrease in Fair Market Rents (FMR) for FY2016
    From: Councilmember Moore
    Recommendation:
    Adopt a Resolution opposing the proposed decrease in Fair Market Rents (FMR) for the Oakland-Fremont, CA HUD Metro FMR Area (HMFA).  The City Clerk send a copy of the resolution with a letter to the U.S. Secretary of Housing and Urban Development, with copies to Congresswoman Barbara Lee and U.S. Senators Barbara Boxer and Dianne Feinstein.
    Financial Implications: See report
    Contact: Darryl Moore, Councilmember, District 2, 981-7120
  1. Opposing the Trans-Pacific Partnership 
    From: Councilmembers Arreguin and Worthington
    Recommendation: Adopt a Resolution opposing the Trans-Pacific Partnership (TPP) and Disastrous Trade Policies. Send a copy of the Resolution to President Barack Obama, US Senators Dianne Feinstein and Barbara Boxer, and Congresswomen Barbara Lee.
    Financial Implications: None
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1. Berkeley Film Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
    From: Councilmember Wengraf
    Recommendation:
    Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Councilmember Wengraf, to the Berkeley Film Foundation with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute.
    Financial Implications: Councilmember's Discretionary Fund - $250
    Contact: Susan Wengraf, Councilmember, District 6, 981-7160   
  1. Proclamation in Honor of Cal in the Capital's 50 Years of Legacy
    From: Councilmember Worthington
    Recommendation:
    Adopt a proclamation in honor of Cal in the Capital's 50 Years of Legacy.
    Financial Implications: None
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170
  1. City Manager Referral: Campus National Night Out to Reduce Crime
    From: Councilmembers Worthington, Wengraf, Arreguin, and Droste
    Recommendation:
    Refer to the City Manager to create a Campus National Night Out to help reduce crime in the campus area.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170
  
 Action Calendar

The public may comment on each item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

 
 

Action Calendar – Old Business

  1. a. Amendments to Accessory Dwelling Unit Ordinance 23.D.10 (Continued from September 29, 2015)
    Revised materials
    From: Councilmembers Droste, Moore, and Worthington
    Recommendation: Accessory Dwelling Unit Ordinance 23.D.10 is a great step towards increasing Berkeley's housing stock and adding subtle density to residential neighborhoods. The following amendments will support density in walkable neighborhoods, and streamline parking waivers for neighborhoods without RPP zones that are close proximity to BART.  Amend the following sections: 23.D.10.040 5. The Subject lot shall provide one off off-street parking space for the Accessory Dwelling Unit in conformance with Chapter 23D.12, except as provided in the report.
    Financial Implications: Staff time
    Contact: Lori Droste, Councilmember, District 8, 981-7180

b. Zoning Amendments to Encourage Accessory Dwelling Units (ADUs); Amending BMC Chapter 23D.10
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 23D.10 to modify the existing regulation of Accessory Dwelling Units (ADUs) to improve clarity, specify fire road access minimum width, and correct a technical error.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – New Business

  1. Increase Animal Care Commission Meetings from Four (4) Per Year to Ten (10) Per Year Beginning January 2016
    From: Animal Care Commission
    Recommendation:
    Approve an increase in Animal Care Commission (ACC) meetings from four (4) per year to ten (10) per year beginning in January to discuss the animal care, control and welfare issues as related to the City of Berkeley and to prepare recommendations for City Council.
    Financial Implications: See report
    Contact: Amelia Funghi, Commission Secretary, 981-7000
 
Council Action Calendar
  1. Allocation of Grant Funds to U.C. Theater and Kala Art Institute
    From: Councilmembers Maio, Capitelli, Moore, and Arreguin
    Recommendation:
    Direct the City Manager to issue grants in the amount of $150,000 to Berkeley Music Group (U.C. Theater project) and $100,000 to Kala Art Institute. Funds to be repaid from the pending 1% for Art fee.
    Financial Implications: See report
    Contact: Linda Maio, Councilmember, District 1, 981-7110
  1. City Manager Referral: Implementation of Tier One Recommendations from the Homeless Task Force
    From: Councilmember Arreguin
    Recommendation:
    Refer to the City Manager to develop a plan to implement the Tier One Recommendations of the Homeless Task Force, which involve expanding the City's Homeless Outreach Team and Mobile Crisis Team, increasing funding for the Crisis Intervention Training (CIT), increasing the number of public restrooms, and providing additional storage spaces and warming centers for the homeless population.
    Financial Implications: Staff time
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1. Condition of Approval for Major Development Projects
    From: Councilmembers Capitelli and Moore
    Recommendation:
    After review by staff, include as a standard condition of approval in all projects that include new construction of greater than 30,000 square feet the following:  A. The applicant shall complete and submit a project Construction Pay Transparency Plan; B. Prior to the issuance of a building permit, an applicant shall submit and obtain approval for the Plan by the Zoning Official or designee; C. Upon completion of the Project, the applicant shall submit a Construction Pay Transparency Report; D. Determination of Construction Pay Transparency Compliance; E. Issuance of a Certificate of Occupancy.
    Financial Implications: Staff time
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
  1. Supporting a Robust Alameda County Study of Community Choice Energy
    Revised materials
    From: Councilmember Worthington
    Recommendation:
    Adopt a Resolution supporting a robust study of Community Choice Energy in Alameda County and the eventual development of an Alameda County Community Choice energy program based, in large part, on the goals established by the East Bay Clean Power Alliance, along with a priority goal to create fair-wage, clean energy jobs such as unionized and similarly paid and benefited jobs as part of the growing green economy in the East Bay.  A copy of the resolution is to be forwarded to each member of the Alameda County Board of Supervisors and the appropriate staff within the County administration working on the Alameda County Community Choice Energy program.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 Information Reports
  1. Update on the Adeline Corridor Planning Process
    From: City Manager
    Contact: Eric Angstadt, Planning and Development, 981-7400

Public Comment – Items Not Listed on the Agenda –

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx

 and KPFB Radio 89.3. Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following
Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

 

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@cityofberkeley.info

South Branch – 1901 Russell

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials.  Please help the City respect these needs.

  

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on October 22, 2015.

 

Mark Numainville, City Clerk

 

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

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